1. Understanding the Naming Guidelines
- The name of a Section 8 company must reflect its charitable or non-profit nature.
- Names that suggest profit-making or commercial motives are not allowed.
- Words like “Foundation”, “Association”, “Society”, “Council”, “Institute”, or “Trust” are preferred.
- The words “Limited” or “Private Limited” are not used, even though the entity enjoys limited liability.
- The proposed name should not be identical or too similar to an existing company or trademark.
2. Preparation Before Applying
- Ensure the proposed names align with the company’s main objectives.
- Prepare at least two suitable and meaningful names as alternatives.
- Draft a brief object clause (up to 500 characters) describing the company’s purpose.
- Confirm that the chosen names are available using the MCA Name Search facility.
- Avoid using restricted, offensive, or misleading terms as per the Companies (Incorporation) Rules.
3. Filing SPICe+ Part A Form
- The application for name approval is filed through the SPICe+ Part A form on the MCA portal.
- This form is part of the integrated SPICe+ application used for incorporation.
- It requires details such as the proposed name, type of company (Section 8), and brief objectives.
- The applicant must also mention whether the company is private or public.
- A fee of ₹1,000 is payable at the time of submission of SPICe+ Part A.
4. Review by Central Registration Centre (CRC)
- The application is processed by the Central Registration Centre (CRC) of the Ministry of Corporate Affairs.
- CRC examines the name based on rules, availability, and alignment with Section 8 requirements.
- The proposed name must not violate the Emblems and Names (Prevention of Improper Use) Act, 1950.
- Approval is usually granted within 2 to 3 working days if all conditions are satisfied.
- If rejected, the applicant may be asked to submit a new name or correct errors.
5. Validity and Further Steps
- Once approved, the name is reserved for 20 days from the date of approval.
- The approved name must be used in the SPICe+ Part B form for company incorporation.
- Failure to complete the incorporation within this period may require a fresh name reservation.
- After name approval, proceed with applying for the license under Section 8 (Form INC-12).
- Ensure consistency in name and object description across all registration documents.
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